THE ROLE OF ADMINISTRATIVE LAW IN REGULATING "MAD COW DISEASE" AS EXPLAINED IN CREEKSTONE FARMS PREMIUM BEEF, LLC v. DEPARTMENT OF A GRICULTURE

Comment Written By: Courtney E. Ross

The possibility of mad cow disease is enough to scare even the savviest of hamburger connoisseurs. The disease may go undetected by the average consumer, but the consequences can be deadly. As a result, the United States Department of Agriculture (USDA) has taken steps to protect American consumers against such risks. Under the authority of the VirusSerum-Toxin Act (VSTA), the USDA has promulgated several regulations relating to the eradication of Bovine Spongiform Encephalopathy (BSE), or mad cow disease. Central to Creekstone Farms Premium Beef, LLC v. Department of Agriculture is Creekstone's desire to test its cattle for BSE before shipping it to customers. However, the U.S. Court of Appeals for the District of Columbia Circuit held that the USDA's ban on the type of test used by Creekstone is valid. This Comment first discusses the legal implications of VSTA and BSE. A discussion of the Court's analysis of the agency's interpretation of VSTA and its relationship to the petitioner Creekstone follows. Lastly, this Comment explores the implications of Creekstone's holding on the cattle industry in the United States and abroad.

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